Legal Opinion
Stockdale v. Jamison
Michigan Supreme Court
Decided December 23, 1982No. Docket Nos. 66163-66165. (Calendar No. 2)PublishedCited by 71 opinions
1Opinion of the CourtLevin, J.
The question presented is whether persons who suffered injuries as a result of an automobile accident and who obtained a default judgment against the driver of the other automobile and an assignment of his claim against his insurer for failing to defend the action may re*221cover from the insurer the amount of the default judgment, albeit in excess of the policy limits.
The plaintiffs, as injured persons, have no right to recover in excess of the policy limits.
We conclude that ás assignees of the insured, the plaintiffs can recover no more than he could have recovered from the insurer. The…
2Cases cited15 opinions
- Comunale v. Traders & General InsuranceCalifornia Supreme Court · 1958
- Kewin v. Massachusetts Mutual Life Insurance CompanyMichigan Supreme Court · 1980
- Gordon v. Nationwide Mutual InsuranceNew York Court of Appeals · 1972
- Kerr Steamship Co. v. United StatesSupreme Court of the United States · 1962
- City of Wakefield v. Globe Indemnity Co.Michigan Supreme Court · 1929
10 more not listed; retrieve them via the Exa API.
3Cited by71 opinions
- Employers Insurance of Wausau, Counterclaim v. Petroleum Specialties, Inc., Counterclaim Third Party Zurich Insurance Company, Third-PartyCourt of Appeals for the Third Circuit · 1995
- Newhouse Ex Rel. Skow v. Citizens Security Mutual InsuranceWisconsin Supreme Court · 1993
- First Bank of Turley v. Fidelity & Deposit Insurance Co. of MarylandSupreme Court of Oklahoma · 1996
- Greer v. Northwestern National InsuranceWashington Supreme Court · 1987
- Harrow Products, Inc. v. Liberty Mutual Insurance CompanyCourt of Appeals for the Sixth Circuit · 1995
66 more not listed; retrieve them via the Exa API.